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GORMAN v. CITY OF NEW YORK

280 A.D. 39 (1952)

Walter A. Gorman et al., Respondents, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1952.

Attorney(s) appearing for the Case

W. Bernard Richland of counsel (Pauline K. Berger with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellants.

James H. Tully of counsel (Truman H. Luhrman and Edward J. McGowan with him on the brief; Wood, Molloy, France & Tully, attorneys), for respondents.

Richard G. Denzer of counsel (Charles W. Manning with him on the brief; Frank S. Hogan, District Attorney, New York County), amicus curiæ for appellants.

Aaron Nussbaum of counsel (Aaron E. Koota with him on the brief; Miles F. McDonald, District Attorney, Kings County), amicus curiæ for appellants.

David Du Vivier of counsel (W. Mason Smith, Jr., with him on the brief; The Committee on Municipal Affairs of The Association of the Bar of the City of New York), amicus curiæ for appellants.

Samuel D. Smoleff of counsel (Laurence Arnold Tanzer and attorney), for The Citizens Union of the City of New York, amicus curiæ for appellants.

PECK, P. J., DORE, COHN and SHIENTAG, JJ., concur.

BERGAN, J.

Plaintiffs are policemen and members of the police pension system of the city of New York. The action is maintained against the city and the members of its police pension fund for a judgment declaring Local Law No. 44 of 1951 invalid on constitutional grounds.

The local law in effect requires a notice of thirty days be given by a policeman who has served the required number of years before his...

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